A/HRC/12/13
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8.
In response to written advance questions, the delegation stated that all trials are
conducted in accordance with Constitutional and legal procedures, and based on principles – the
most important of which is the presumption of innocence – and require the availability of
conclusive irrefutable evidence. There is an effective institutional mechanism to evaluate the
performance of judges on a regular basis and to hold judges in error accountable for their acts.
The Constitution and laws in force consider torture of accused persons, or persons subject to
custody, and arbitrary detention as crimes with no statute of limitation and for which the
perpetrators deserve just punishment. Extrajudicial, arbitrary, summary or unjust execution is
unlikely to happen and is a violation to the Constitution and subject to punishment under the
laws in force.
9.
The judiciary does not approve the death penalty except for the most serious crimes, and
this penalty has never been executed against any Yemeni citizen or non-Yemeni outside the
concerned judicial mechanism. This penalty is limited and confined to cases determined in
accordance with legal provisions. It has judicial guarantees that minimize executions, including
the right of the President of the Republic to pardon those sentenced in cases specified by the law.
10.
The Yemeni Penal Code defines the age of full criminal responsibility as 18 years at the
time the perpetrator commits the crime and the law does not permit the imprisonment of children
in penal facilities and obliges the Attorney-General’s Office to place juvenile offenders in a care
and rehabilitation home. A judicial reform strategy has been adopted which affects regulatory
and legislative procedures, including the separation of the office of the President of the Higher
Council of the Judiciary from that of the President of the Republic and its transfer to the
President of the Supreme Court. Laws on the judiciary are being amended now, which will
enhance the independence of the judiciary. A restructuring has been made of the Accountability
Council within the Higher Council of the Judiciary, which is responsible for the accountability of
the judges referred to it.
11.
The judicial reforms included activation of the role of judicial oversight in surveillance
and inspection of the work of judges and appraisal of their performance through periodic and
unannounced inspections, receipt of citizens’ complaints and carrying out desk and field
examination of such complaints.
12.
The Constitution stipulates that citizens are equal in rights and duties, which are
guaranteed by the relevant laws and legislation. The Government has taken a number of actions
to address discrimination and violence against women, including the establishment of a team of
legal experts to study national legislation concerning women and eliminate any discriminatory
provisions against women that are incompatible with international conventions. This has resulted
in (a) amendment of the Yemeni Nationality Act No. 6 of 1990, by granting the original
nationality to the children of a Yemeni mother married to a foreigner on an equal footing with
the children of a Yemeni father; (b) addition of an article to the Police Authorities Act No. 15 of
2000, providing for the right of Yemeni women to serve in the police force; (c) amendment of
the Social Insurance Act No. 26 of 1991, providing for equality between women and men in
terms of the age of retirement; and (d) amendment of article 95 of the Diplomatic and Consular
Corps Act, granting Yemeni women the right to work with their husbands in the same mission
abroad.
13.
Tackling violence against women takes various forms, including the formulation of a
strategy containing targets and measures, the most important of which is the development of a
programme for combating violence against women. The Yemeni Network for Combating
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